Tax, Wills and Probate

Contentious Probate

By their nature, disputes over inheritance occur at times of emotional vulnerability and distress.  Bringing or defending such claims is especially demanding, and claims have the potential to become acrimonious and fraught very quickly, and positions entrenched.  Early expert advice is crucial.

We have the specialist knowledge to manage grievances over inheritance with compassion, whilst maintaining the objectivity essential to progress disputes to a satisfactory resolution. The spectrum of disputes is as varied as the families affected.  We work closely with our Dispute Resolution department to ensure the dispute is resolved in your best interest.

Some of the more frequently encountered situations where we are asked to advise include:

• Dissatisfaction with the financial provision received out of the deceased person's estate, whether under the terms of the will or the rules upon intestacy;
• Unanticipated gifts made by a relative late in his or her life;
• Lost or destroyed wills;
• Contesting a will;
• Wills made under duress or undue influence, or where the person concerned did not sufficiently understand what he or she was doing;
• Allegations of property being misappropriated by relatives;
• Forged wills;
• Disputes between executors/beneficiaries and trustees/executors;
• Negotiating settlements to avoid the cost of litigation where appropriate;

The circumstances of each case are unique, requiring a tailored response to the individual needs of that particular client, and an approach that balances sensitivity with pragmatism.  We strive to achieve effective dispute resolution at an early stage and, where that is not successful, to engage in and manage litigation as efficiently and cost effectively as possible.

Timing can be of critical importance in probate disputes, and a languid approach might have disastrous consequences.  Likewise, urgent action may be required to protect assets in the interim, whilst claims are under consideration.  We have the experience to know which deadlines are crucial and what steps need to be taken to protect our clients' interests and the capacity to react accordingly.

It is not only individuals affected by inheritance disputes; charities may be concerned with legacies due to them that are the subject of challenges by disappointed beneficiaries; they may have suffered lass as a consequence of maladministration or negligence, or insufficient tax planning.

Please contact Gerard Cukier, Head of  Dispute Resolution, on gcukier@kingsleynapley.co.uk for further information about the service we can provide.